Estate Planning
David Postic
Top 7 Reasons People Delay Making An Estate Plan

According to a survey conducted earlier in 2019, only 40% of American adults have a Will or Trust. That percentage drops dramatically for younger age groups. For example, only 19% of people ages 18-34 have a Will or Trust.

So what’s the big deal?

As Baby Boomers pass away, experts predict that over $68 trillion (with a ‘trill’) in wealth will be transferred over the next 25 years. And the estate planning of those Boomers will control where all that wealth goes.

Despite the hugeness of those numbers and the importance of estate planning, it is easy to procrastinate when it comes to actually setting your affairs in order. Here are the top 7 reasons (in no particular order) people give us to explain why they delay estate planning:

1. “I’m too young.”

First of all, you are never too young to have an estate plan. I wrote a series of articles specifically geared toward estate planning for Millennials. (Or you can substitute “Millennials” for “Gen Z” or whatever weird thing we are on now.)

Whenever young people say “I don’t have enough assets for an estate plan” or “I’m going to wait until I have a family,” what they are really saying is, “I don’t plan on going anywhere anytime soon.” Because young people don’t die, they live forever.

Top 7 Reasons People Delay Making An Estate Plan
Estate Planning, Taxes
David Postic
Everything You Wanted To Know About Estate ...

The Internal Revenue Service (IRS) recently announced that the estate and gift tax exemption is increasing in 2024 to $13.61 million per person, up from $12.92 million in 2023.

The IRS also confirmed that the annual gift exclusion amount is increasing from $17,000 per person in 2023 to $18,000 per person in 2024.

Read more: IRS Rev. Proc. 2023-34

Okay great, you might be saying to yourself. But what does that mean, and why does it matter?

Great questions.

There are a lot of misconceptions about estate taxes and gift taxes — often referred to as “death taxes.” What they are, who has to pay them, how to avoid them.

This article is my attempt to demystify the topic for you and to help you figure out how these tax changes could affect your estate plan.

Everything You Wanted To Know About Estate & Gift Taxes
Estate Planning
David Postic
8 Questions to Prepare Your Estate Plan for 2024

2023 is almost over.

The end of the year is a time for people to gather together with family and friends, to look back on the past 365 days, and to look forward to better, happier things.

People usually don’t want to think about things like—oh, I don’t know—their mortality. Death. Stuff like that.

However, it is crucial to regularly review and, if needed, update your estate plan. The end of the year is the perfect time to do that.

So before you completely wipe 2023 from your memory, ask yourself these 8 questions to make sure your estate plan is ready for whatever 2024 throws at you.

1. Will the right people get my “stuff”?

First, make sure your will or trust correctly states who will inherit your assets.

You should then review your pay-on-death (POD) beneficiaries on insurance policies, retirement accounts, and other assets.

Do they match the beneficiaries in your will or trust?

Related post: 7 Mistakes to Avoid When Naming Beneficiaries

Many people incorrectly believe that a legal document such as a will or a trust controls what happens to all of their assets.

However, beneficiary designations can override those documents.

For example: Your trust may say that your son John will receive your entire estate and that you are disinheriting your other son, David.

But if your insurance policy lists David as beneficiary, he will still get part of your estate.

You should therefore coordinate your beneficiary designations with your will or trust to make sure all of your assets are distributed the way you want.

8 Questions to Prepare Your Estate Plan for 2024
Estate Planning
David Postic
What's the Difference Between a Will and a ...

Lawyers love to be confusing.

We use insane-sounding words from Latin and Greek and some other languages that I’m pretty sure are completely made up.

Words such as testator, force majeure, per stirpes, and inter vivos.

Our words are so weird, we have to italicize them.

So I’m not surprised when someone asks me whether a Last Will and Testament and a Living Will are the same thing.

After all, both documents have “Will” in their names, right? It would only be reasonable to think that they are similar.

But they are not similar. They are very, very different.

So I’m going to cut through the legal jargon and explain the differences between Wills and Living Wills — and help you decide which one might be best for you.

Last Will and Testament vs. Living Will

Before diving into specifics, it’s first helpful to know how to define estate planning:

An estate plan ensures (1) that the right people are able to care for your SELF in the event you become incapacitated and (2) that the right people are able to get your STUFF in the event of your death.

Every estate planning tool fits into one of those two categories, and a good estate plan should address both areas of focus.

And as luck would have it, I will be discussing both categories in this post.

What's the Difference Between a Will and a Living Will?
Estate Planning
David Postic
3 Magic Ingredients in a Great Letter of ...

So you’ve got some nifty estate planning documents?

You are awesome.

Formal estate planning document can ensure your family is cared for after your death, avoid court, and minimize the burden your loved ones will face when you are gone.

But legal documents are only one part of the equation.

Your estate plan is not complete just because you signed some fancy papers.

Because while formal estate planning documents can avoid legal obstacles after your death, they do not eliminate the myriad other tasks necessary to settle your affairs.

Think of it this way:

If you died today, would your family know what to do?

If they couldn’t remember anything you told them about your estate, would they be able to easily find all the information they need?

Read more: Why You Need to Have an Estate Planning Fire Drill

If you answered “no” to either of those questions, then your estate plan is not complete.

To make things easier on your loved ones after your death, the best thing you can do is create an estate planning letter of instruction.

3 Magic Ingredients in a Great Letter of Instruction

Can I Write My Own Will?

Can I Write My Own Will?

Most people know the phrase "Do It Yourself" or “DIY.”

For me, “Do It Yourself” calls to mind weekend trips to Home Depot and learning how to do something new instead of paying someone else to do it.

Also Pinterest. It calls to mind Pinterest.

That’s part of what makes DIY projects so great: Who doesn’t love saving money and feeling proud of something they did themselves?

But there is a limit to what you can do yourself, right?

I can do some home improvement stuff myself, like painting walls or breaking the nice faucet on the kitchen sink.

However, things would get really dicey if I tried to act as my own plumber, excavator, or electrician without proper training and experience.

Doing those tasks incorrectly could have disastrous consequences.

The same is true of "Do It Yourself" estate planning:

A poorly designed estate plan can lead to massive probate expenses, family infighting (and ruined relationships), having your legal documents rejected, and much, much more.

The Dangers of “Do It Yourself” Estate Planning

If you aren’t familiar with “Do It Yourself” estate planning, here’s how the process usually goes:

Estate Planning: the Perfect Christmas Gift

Estate Planning: the Perfect Christmas Gift

This post is for parents.

It’s for kids.

It’s for grandkids.

It’s for anyone who wants to give or receive a present for Christmas or any other holiday you celebrate.

In short, this post is for everyone. Because everyone gives and/or receives presents and everyone can benefit by having (or by your parents and/or grandparents having) an estate plan.

So if you have been frantically searching for a Christmas present or racking your brain to come up with your own wish list, you can stop now. Your search is over. I have found the perfect Christmas gift.

Kids: Ask Your Parents For An Estate Plan

One of the funny things about getting older is that I have a lot more appreciation for stuff that I used to think was boring. Take socks, for example. If I get a good pair of socks for Christmas and nothing else, I would be content. And socks are so important and sensible, if I tell my parents I want socks for Christmas, they feel like they can’t say no.

Because what kind of parent would say no to giving their kid some socks?

Does a Name Change Mean I Should Update My Estate Plan?

Does a Name Change Mean I Should Update My Estate Plan?

Most people have the same questions about estate planning. What is the difference between a will and a trust? or do I need to go through probate? or will I need to pay estate taxes?

Since one of the goals of this website is to help you learn more about estate planning, I figured that I would share one of those common questions recently sent to me by a client:

I created a trust several years ago which provides that my daughter will receive 1/2 of my estate. But since my trust was created, my daughter gotten married and changed her last name. Do I need to update my trust in order for her to receive her inheritance?

It is not uncommon for people to change their names. A name change is most often due to marriage or divorce, but as the hit TV show Friends taught us, you can also change your name whenever you feel like it. (Author’s note: The episode where Phoebe changes her name to Princess Consuela Bananahammock and Mike changes his name to Crap Bag is pretty accurate. That is actually a legal thing that people can do.)

Considering all the time and care and money you have spent on your estate plan, it is important to make sure that name changes (for whatever reason they happen) do not mess it up.

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IRS Increases 2020 Estate Tax Exemption

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IRS Increases 2020 Estate Tax Exemption

The Internal Revenue Service (IRS) just announced that the estate and gift tax exemption for 2020 is increasing to $11.58 million per person — up from $11.40 million in 2019.

If you are like most people, you are probably asking, “What does that actually mean?”

What is the Estate & Gift Tax Exemption?

As I explained in the summary of estate and gift taxes I wrote last year:

The estate tax is a federal tax imposed on estates over a certain value. That “certain value” is known as the “estate tax exemption” or “combined estate and gift tax exemption” or “unified credit” or a dozen other names.

The main thing to know is this: if an estate is worth more than the estate tax exemption amount, the value over the exemption will be taxed. If the estate is worth less than the exemption amount, no tax liability.

So the increase announced yesterday by the IRS means that if an estate is created (i.e., if a person dies) in 2020, there will be no estate tax imposed if the estate is worth less than $11.58 million. And thanks to estate tax portability, a married couple can now shield double that amount, $23.16 million, from estate taxes in 2020.

An Overview of Your Digital Assets

An Overview of Your Digital Assets

Digital property (or digital assets) can be understood as any information about you or created by you that exists in digital form, either online or on an electronic storage device, including the information necessary to access the digital asset. All of your digital property comprises what is known as your digital estate.

What Is Digital Property?

For the purposes of digital estate planning, digital property can be broken down into three main categories:

  • Personal digital property

  • Personal digital property with monetary value

  • Digital business property

Personal Digital Property

Personal digital property includes:

  • Computing hardware, such as computers, external hard drives or flash drives, tablets, smartphones, digital music players, e-readers, digital cameras, and other digital devices

  • Any information or data that is stored electronically, whether stored online, in the cloud, or on a physical device

  • Any online accounts, such as email and communications accounts, social media accounts, shopping accounts, photo and video sharing accounts, video gaming accounts, online storage accounts, and websites and blogs that you may manage

  • Domain names

  • Intellectual property, including copyrighted materials, trademarks, and any code you may have written and own

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